David Josiah Brewer

“ A defendant cannot, by offering on a trial to consent to a judgment or decree for a part of the claim sued on, prevent the plaintiff from subsequently obtaining the judgment or decree demanded by the facts of the case, although it be that which had been offered and also declined. ”

“ It must not be wholly without foundation. There must be at least color of ground for such averment; otherwise a Federal question might be set up in almost any case, and the jurisdiction of this court invoked simply for the purpose of delay. ”

“ In their application for leave to file a supplementary answer, the plaintiffs in error averred that to render a decree foreclosing the equitable mortgage would, under the circumstances, be a taking of property without due process of law, and denying to them the equal protection of the laws, and claimed 'the protection guaranteed to all citizens of the United States by the provisions of § 10 of art. ”